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From: icffmaj@aol.com<br>
Sent: Sunday, January 07, 2007 10:13 AM<br>
Subject: [icffmaj] NAACP Files Brief Supporting Mumia Abu-Jamal by
Hans<br>
Bennett<br><br>
<br>
NAACP Files Brief Supporting Mumia Abu-Jamal<br>
--Condemns racism in black death-row prisoner's original trial<br>
by Hans Bennett<br><br>
"The blacks from the low income areas are less likely to
convict. There's<br>
a resentment for law enforcement and a resentment for
authority....you<br>
don't want those people on your jury, let's face it."<br><br>
In an official 1986 Philadelphia District Attorney training video for
new<br>
prosecutors(which publicly surfaced in 1997), veteran DA prosecutor
Jack<br>
McMahon lectured in support of removing Blacks from jury panels. <br>
Explicitly recognizing this practice's illegality, McMahon explained
that<br>
"the law" calls for a "'competent, fair, and impartial
jury.' Well,<br>
that's ridiculous. You're not trying to get that."<br><br>
If any of these new prosecutors refused to act as such, McMahon
warned<br>
them that they'd lose their job: "If you're going to be some noble
civil<br>
libertarian...You'll lose and you'll be out of office; you'll be
doing<br>
corporate law...You're there to win...and the only way to do your best
is<br>
to get jurors that are as unfair and more likely to convict than
anybody<br>
else in that room."<br><br>
Because of the illegality, McMahon recommended practical ways to
conceal<br>
race-conscious jury selection. Describing one technique, he said,
"when<br>
you do have a black juror, you question them at length. And on
this<br>
little sheet of paper that you have, mark something down so that you
can<br>
articulate later if something happens...And then you can say, 'Well
the<br>
woman had a kid about the same age as the defendant and I thought she'd
be<br>
sympathetic to him' or 'She's unemployed and I just don't like
unemployed<br>
people...' So sometimes under that line you may want to ask
more<br>
questions of those people so it gives you more ammunition to make
an<br>
articulable reason as to why you are striking them, not for
race."<br><br>
NAACP Supports Batson Claim<br>
While perhaps the most striking, the McMahon videotape is just one
piece<br>
of evidence cited by the NAACP Legal Defense Fund's Amicus Curiae
(friend<br>
of the court) brief filed this summer in support of death-row
prisoner<br>
Mumia Abu-Jamal's appeal--currently at the federal Third Circuit Court
of<br>
Appeals.<br><br>
<a href="http://www.naacpldf.org/content.aspx?article=957" eudora="autourl">
http://www.naacpldf.org/content.aspx?article=957<br><br>
</a>The NAACP brief focuses on Abu-Jamal's Batson claim--one of four
issues<br>
currently before the 3rd Circuit Court. "Certified for
appeal" by<br>
federal District Court Judge William Yohn in 2001, the Batson claim<br>
addresses the prosecution's use of peremptory challenges to exclude
Blacks<br>
from Abu-Jamal's jury. In 1986, the US Supreme Court ruled in
Batson v.<br>
Kentucky that a defendant deserves a new trial if it can be proved
that<br>
jurors were excluded on the grounds of race. Most importantly, the
Batson<br>
ruling significantly lowered the defendant's burden of proof.<br><br>
The NAACP argues that "when viewing the facts of Mr. Abu-Jamal's
case<br>
through the lens of Batson's true history and purpose, it becomes<br>
abundantly clear that he has set forth a prima facie case of<br>
discrimination." While DA prosecutor McGill's conduct
"strongly suggested<br>
discriminatory intent," other evidence "strongly suggests"
that this same<br>
discrimination "was common practice," throughout the DA's
office.<br><br>
At Abu-Jamal's trial, McGill used 11 of his 15 peremptory challenges
to<br>
remove black jurors that were otherwise acceptable. While Philadelphia
is<br>
44% black, the jury was composed of ten whites and only two
blacks.<br><br>
The NAACP cites a survey of homicide cases tried by McGill from
Sept.,<br>
1981 to Oct., 1983, showing that "the odds that Mr. McGill
would<br>
peremptorily challenge an African-American potential juror were 8.47
times<br>
greater than for non-black jurors."<br><br>
From 1977-1986 (when current Pennsylvania governor Ed Rendell was
DA),<br>
Philadelphia DA prosecutors struck 58% of black jurors, but only 22%
of<br>
white jurors.<br><br>
"I'm Going To Help Them Fry The N----r"<br>
In 2001 another witness--Terri Maurer-Carter--challenged the 1982
trial's<br>
fairness, but the State Supreme Court ruled against the defense's right
to<br>
include her affidavit in their current federal appeal.
Maurer-Carter was<br>
working as a stenographer in the Philadelphia Court system on the eve
of<br>
Mumia's 1982 trail when she states that she overheard presiding
Judge<br>
Albert Sabo say in reference to Mumia's case that he was going to help
the<br>
prosecution "fry the n----r."<br><br>
Journalist Dave Lindorff recently interviewed Maurer-Carter's former
boss,<br>
Richard Klein, who was with Maurer-Carter when she states she
overheard<br>
Sabo. A Philadelphia Common Pleas Court judge at the time, who now
sits<br>
on PA's Superior Court, Klein told Lindorff: "I won't say it did
happen,<br>
and I won't say it didn't. That was a long time ago."
Lindorff considers<br>
Klein's refusal to firmly reject Maurer-Carter's claim to be an<br>
affirmation of her statement.<br><br>
The State Supreme Court ruling was an affirmation of lower-level
Judge<br>
Patricia Dembe's argument that even if Maurer-Carter is correct
about<br>
Sabo's stated intent to use his position as Judge to throw the trial
and<br>
help the prosecution "fry the n----r," it doesn't matter.
According to<br>
Dembe, since it "was a jury trial, as long as the presiding
Judge's<br>
rulings were legally correct, claims as to what might have motivated
or<br>
animated those rulings are not relevant."<br><br>
Last Chance For a New Trial?<br>
In 1982, Abu-Jamal was convicted of first-degree murder and sentenced
to<br>
death for allegedly killing white police officer Daniel Faulkner.
Citing<br>
an unjust conviction, millions around the world have since demanded a
new<br>
trial for the black journalist and political activist.<br><br>
Abu-Jamal's long list of international supporters now includes the<br>
Japanese Diet, the European Parliament, and members of both the British
&<br>
German Parliaments. In the US, the National Black Caucus of
State<br>
Legislators recently joined the NAACP in condemning the death penalty
and<br>
calling for a new trial: "The continued unjust incarceration of
Mumia<br>
Abu-Jamal represents a threat to the civil rights of all
people."<br><br>
In 2001 Judge Yohn affirmed Abu-Jamal's guilt but overturned the
death<br>
sentence. Abu-Jamal is appealing the guilty verdict. Because
the DA<br>
appealed Yohn's death penalty decision, he never left death row, and
is<br>
still unable to have such "privileges" as full-contact visits
with his<br>
family.<br><br>
If the penalty ruling is overturned, a new execution date will be
set. If<br>
its upheld, the DA can still impanel a new jury to rehear the
penalty<br>
phase, which could then sentence him to death--regardless of the 3rd<br>
Circuit ruling.<br><br>
In December, 2005, the 3rd Circuit began deliberations and shocked many
by<br>
agreeing to consider two claims not "certified for appeal" by
Yohn in<br>
2001. Abu-Jamal's attorney Robert R. Bryan declared it to be
"the most<br>
important decision affecting my client since his 1981 arrest, for it
was<br>
the first time there was a ruling that could lead to a new trial and
his<br>
freedom."<br><br>
Oral Arguments Expected Any Month<br>
After a year of each side filing reply briefs before the court, the
3rd<br>
Circuit Court is now expected to hold public oral arguments any month.
<br>
Supporters of Abu-Jamal are organizing and applying pressure<br>
internationally in their call for a new trial.<br><br>
Despite the renewed hope among Abu-Jamal's supporters that the 3rd
Circuit<br>
will grant a new trial, Pam Africa (coordinator of Abu-Jamal's<br>
international support network) is somberly cautious. Africa
emphasizes<br>
that "Mumia can still be executed. Further, since the Supreme
Court is<br>
unlikely to hear Mumia's case, this is realistically his last chance
to<br>
get a new trial. As the history of his case shows, we need
public<br>
pressure to ensure the court's fairness."<br><br>
"I believe Mumia is innocent and am personally calling for his
immediate<br>
release," Africa said. "However, I'll work with anyone
supporting a fair<br>
trial. By demanding a new trial, we can work with those who know
the <br>
trial was rotten but are unsure of Mumia's innocence. Mumia's
case<br>
represents all that is wrong with this system. We must take action
now<br>
before it's too late!"<br><br>
<br>
This article is the latest article in Philadelphia-based
photojournalist<br>
Hans Bennett's new series on Abu-Jamal being published in the months<br>
leading up to the oral arguments before the Third Circuit Court of<br>
Appeals. The "Voice of the Voiceless" series presents a
review of the new<br>
German book on Abu-Jamal's case, an interview with Peter J. Wirs (who
is<br>
filing criminal charges against French cities supporting Mumia), a
legal<br>
update, and more. Check it out at: <br>
<a href="http://hbjournalist1.googlepages.com/ms" eudora="autourl">
http://hbjournalist1.googlepages.com/ms<br>
</a></font><x-sigsep><p></x-sigsep>
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